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Ninth Circuit: Vested Retirement Benefits May Be Garnished to Pay Criminal Fines by The Ninth Circuit U.S. Court of Appeals, sitting en banc, held that the federal Mandatory Victims Restitution Act of 1996 (MVRA) trumps the anti-alienation provisions of the Employee Retirement Income Security Act of 1974 (ERISA), so as …
Montana Public Defender's Deposition Subject to Public Scrutiny by The Billings Gazette, a Montana newspaper, sued in state court to compel disclosure of a deposition given by Yellowstone County's chief public defender, Sanford Selvey in connection with a civil action which resulted in Selvey's resignation as public defender. The trial …
Article • July 15, 2008
Nevada Board of Commissioners' Phone Records Subject to Disclosure under State PRA by DR Partners (newspaper) sued the Clark County (Nevada) Board of Commissioners in state court under the state Public Records Act (PRA) Nev. Rev. Stat. § 239.010 at seq., to compel disclosure of the Board's phone records. The …
Article • July 15, 2008
Nevada Railway Project Documents Exempt from Disclosure by The Reno Gazette-Journal (newspaper) sued the city of Reno, Nevada in state court to compel disclosure of documents associated with a railway's property acquisition and relocation. The trial court found that the state Public Records Act (PRA) Nev. Rev. Stat. § 342.105 …
Article • July 15, 2008
Nevada Police Report Must Be Disclosed to Public by Dorney of Nevada, Inc. (newspaper) sued the Reno, Nevada Police Department in state court to compel disclosure of an investigation report. The trial court dismissed, believing that Nev. Rev. Stat. § 179A rendered all such reports exempt from disclosure to the …
Article • July 15, 2008
New Hampshire Prisoner May Use Non-Mutual Offensive Collateral Estoppel by On January 17, 2006, a federal district court in New Hampshire ruled that a prisoner may use non-mutual offensive collateral estoppels for facts established in another prisoner's lawsuit to prove that jail conditions were governed by official policy, custom, or …
Article • July 15, 2008
Texas Prisoner’s State, Federal Work-Related Injury Claims Reinstated by A Texas appeals court held in this case that because a prisoner’s state and federal work-related injury claims against the Texas Department of Criminal Justice (TDCJ) were based in law, dismissal as frivolous was improper. State prisoner Jumeau Onnette was painting …
Article • July 15, 2008
Three More Oregon cops Fall on Sex Charges; Protect and Serve, Just Not Kids by Three more names can be added to the long list of Oregon law enforcement officials who are caught engaging in sexual misconduct involving minors. On September 19, 2007, Brian Ferguson, a 7-year veteran of the …
Article • July 15, 2008
Washington Union Shop Stewards Pay Reduction Appropriate for Possessing Confidential Prisoner Medical Information by The State of Washington Personnel Appeals Board (PAB) has a prison nurse who viewed confidential material from a prisoners medical file in her capacity as a shop steward properly was sanctioned a pay reduction when that …
Article • July 15, 2008
Washington Community Correction Officer’s Failure to Manage Caseload Merits Dismissal by The State of Washington Personnel Appeals Board (PAB) has held that dismissal is the proper sanction for a Community Correctional Officer who demonstrated a continued pattern of being unable to demonstrate she had the necessary skills or judgment to …
Article • July 15, 2008
Washington Cop Sexually Abuses 15-Year-Old Who Wins $325,583 at Trial by In 1995, Larry Jackman was a cop in the town of Wilkerson, Washington. On several occasions he had sex with then 15-year-old Crystal Bailey. She later sued Jackman and the town, claiming that Jackman had taken advantage of her. …
Article • July 15, 2008
Washington Counselor’s Breach of Confidentiality Rules Merits Dismissal by The State of Washington Personnel Appeal Board (PAB) has held the dismissal of a Washington Department of Corrections (WDOC) employee for failing to abide by the agencies policy regarding confidentiality when she inappropriately shared information with an employee outside of her …
Article • July 15, 2008
Washington Guard Wins $72,000 in Race Discrimination Suit by Geronimo Subia, a guard at the Washington state women's prison at Purdy, sued in state court after he was placed on administrative leave for allegedly having sex with a female prisoner. Evidence that Caucasian guards pressured the prisoner to make the …
Article • July 15, 2008
Washington Guard’s Acceptance of Money for Favors Merits Dismissal by The Washington State Personnel Appeals Board (PAB) has held dismissal is the appropriate sanction for a prison guard who accepted monetary gratuity in exchange for special favors to prisoners. Before the PAB was the appeal of Mark Ortiz, a guard …
Article • July 15, 2008
Washington Guard’s Pay Reduced for Sleeping on Duty by The State of Washington Personnel Appeals Board (PAB) has denied the appeal of McNeil Island Corrections Center Guard Eric Baker, who was disciplined for sleeping on duty. While assigned to perform hospital watch of a special commitment Center resident at Tacoma …
Article • July 15, 2008
Washington Guards Pattern of Aggressive Behavior Merits Termination by The State of Washington Personnel Appeals Board (PAB) has held that the termination of a prison guard who addressed a co-worker in a confrontational, derogatory, and unprofessional manner in the presence of a prisoner and who attempted to provoke the prisoner …
Article • July 15, 2008
Massachusetts Action to Compel Medical Treatment Dismissed; Lacked Eighth Amendment Claim, Diagnosis by Massachusetts State pro se prisoner Kenneth Mocks brought an action to compel the State Department of Corrections Director of Health Services, John Noonan, to provide allegedly needed medical care. Also named as a defendant, but judicially dismissed, …
Article • July 15, 2008
Cincinnati Police Misconduct Settlement Ordered Discloseable Despite Protective Order Or Confidentiality Provision by The Cincinnati Enquirer (Enquirer) sought production in mandamus of a settlement agreement which the appellate court denied in 2002 as exempt "trial preparation" records. The denial was reversed, and the Enquirer was awarded attorney's fees. A U.S. …
Article • July 15, 2008
Prisoner's Action Affirmed Against North Carolina DOC For Negligence Leading To Amputation by The North Carolina Department of Correction (DOC) appealed the reversal of a 1989 summary judgment grant dismissing state prisoner Joe Medley's action for a DOC contracted private physician's negligence. The court affirmed the dismissal holding that the …
Article • July 15, 2008
$307,142 Awarded For Florida False Arrest And Malicious Prosecutions by Florida residents Noel Rivera, Mam Asad, and Tony Garcia (plaintiffs) brought action against County of Miami Dade Police for Fourth and Fifth Amendment violations when they were falsely arrested and detained, largely without bail, for a 2000 incident in which …
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